Judgment

GAJENDRAGADKAR, J. : This petition has been made under S. 10 of the Bombay Hereditary Offices Act, 1874 (hereinafter called the Act.), for cancellation of the decree granted to the respondent by the Order -in-Council dated November 25, 1949, in so far as the said decree purports to operate on or include any right to the office of the Patilki and 11 Watan lands attached thereto. These lands are situated at Kirtgeri in the Taluk of Gadag. They form part of a Watan and, according to the revenue records, they have been assigned as remuneration to the officiator for the time being under S. 23 of the Act. The petitioner has obtained a certificate prescribed under S. 10, and he contends that as a result of the said certificate this Court should cancel the decree as claimed by him in the petition.

2. It appears that the respondent had filed a suit against the petitioner in the Court of the 1st Class Sub-Judge at Dharwar (Civil Suit No. 18 of 1934) & in the said suit he had claimed partition and possession of the properties as an adopted son of Shiddangouda. These properties were and are in the possession of the petitioner. The trial court passed a decree in favour of the respondent.